REQUEST FOR PROPOSAL CLAY COUNTY SHERIFF S OFFICE UNINTERRUPTIBLE POWER SUPPLY (UPS) SYSTEM RFP B15-005 : Clay County Sheriff s Office 901 North Orange Avenue P.O. Box 548 Green Cove Springs, FL 32043 (904) 284-7575 Fax (904) 284-0710 Website: http://www.claysheriff.com Date of Issue: April 28, 2015 Proposal Due Date: May 26, 2015 at 12:00 p.m. Page 1
CALENDAR OF EVENTS Listed below are the important dates and times by which the actions noted must be completed. If the Sheriff s Office finds it necessary to change any of these dates or times, the change will be accomplished by addendum. All dates are subject to change. ACTION COMPLETION DATE Issue RFP April 28, 2015 Pre-Proposal Submittal Conference May 7, 2015 Proposals Due May 26, 2015 Recommendation to Sheriff June 9, 2015 Contract Signed June 23, 2015 Services Start Date July 1, 2015 For information concerning procedures for responding to this Bid contact the Purchasing Section, Rick Delp by email mdelp@claysheriff.com or at (904) 529-6029. Page 2
TABLE OF CONTENTS Page Invitation... 6 Proposal Acknowledgement... 8 General Conditions... 9 Definitions...15 SECTION ONE Introduction and Instructions... 1.01 Return Mailing Address, Contact Person, Telephone, Fax Numbers and Deadline for Receipt of Proposals... 16 1.02 Contract Term and Work Schedule... 16 1.03 Purpose of the RFP... 16 1.04 Assistance to Proposers with a Disability... 17 1.05 Required Review... 17 1.06 Questions Received Prior to Opening of Proposals... 17 1.07 Amendments... 17 1.08 Alternate Proposals... 17 1.09 Right of Rejection... 17 1.10 CCSO Not Responsible for Preparation Costs... 18 1.11 Disclosure of Proposal Contents... 18 1.12 Subcontractors... 19 1.13 Joint Ventures... 19 1.14 Proposer s Certification... 19 1.15 Conflict of Interest... 20 1.16 Solicitation Advertising... 20 1.17 Assignment... 20 1.18 Disputes... 20 1.19 Severability... 20 SECTION TWO Standard Proposal Information 2.01 Authorized Signature... 21 2.02 Pre-Proposal Conference... 21 2.03 Amendments to Proposals... 21 2.04 Supplemental Terms and Conditions... 21 2.05 Clarification of Proposals... 21 2.06 Discussions with Proposers... 21 2.07 Prior Experience... 22 2.08 Evaluation of Proposals... 22 2.09 Vendor Tax ID... 22 2.10 Business License and Other Required Licenses... 22 2.11 Formula Used to Convert Costs to Points... 23 2.12 Contract Negotiation... 23 2.13 Failure to Negotiate... 23 2.14 Notice of Intent to Award (NIA)... 24 2.15 Protests... 24 Page 3
SECTION THREE Standard Contract Information 3.01 Contract Type... 26 3.02 Contract Approval... 26 3.03 Standard Contract Provisions... 26 3.04 Proposal as a Part of the Contract... 26 3.05 Additional Terms and Conditions... 26 3.06 Insurance Requirements... 26 3.07 Contract Funding... 27 3.08 Proposed Payment Procedures... 27 3.09 Contract Payment... 27 3.10 Payment for Contracted Services... 27 3.11 Informal Debriefing... 28 3.12 Contract Personnel... 28 3.13 Inspection & Modification - Reimbursement for Unacceptable Deliverables... 28 3.14 Termination for Default... 28 3.15 Contract Changes - Unanticipated Amendments... 29 3.16 Contract Invalidation... 29 SECTION FOUR Background Information 4.01 Background Information... 30 SECTION FIVE Scope and Schedule 5.00 Scope of Work... 31 SECTION SIX Proposal Format and Content 6.01 Proposal Format and Content... 41 6.02 Introduction... 41 6.03 Understanding of the Project... 41 6.04 Methodology Used for the Project... 41 6.05 Management Plan for the Project... 41 6.06 Experience and Qualifications... 41 6.07 Cost Proposal... 42 6.08 Evaluation Criteria... 42 SECTION SEVEN Evaluation Criteria and Contractor Selection 7.01 Understanding of the Project... 43 7.02 Methodology Used for the Project... 43 7.03 Management Plan for the Project... 43 7.04 Experience and Qualifications... 44 7.05 Contract Cost... 44 Page 4
APPENDIX A: FORMS. 45 1. W-9 Form, First Page 2. Proposal Submittal Form 3. Qualifications Statement 4. Non-Collusive Affidavit 5. Public Entity Crimes Statement 6. Drug Free Workplace Form 7. Indemnification/Hold Harmless Form 8. Insurance Requirements 9. Form 2 RFP Authorized Signature Form 10. Form 3A Interest in Competitive Bid for Public Business 11. References 12. Cost/Fee Schedule 13. Proposal Completeness Checklist Page 5
CLAY COUNTY SHERIFF S OFFICE INVITATION REQUEST FOR PROPOSAL NOTICE IS HEREBY GIVEN that the Clay County Sheriff s Office (CCSO) invites and will receive sealed Proposals from qualified vendors to perform the following work which is described in detail in the Request for Proposal (RFP) specifications. RFP NUMBER: B15-005 RFP TITLE: CLAY COUNTY SHERIFF S OFFICE UNINTERRUPTIBLE POWER SUPPLY (UPS) SYSTEM PRE-PROPOSAL CONFERENCE: YES DATE & TIME: See Calendar of Events, Page 2. LOCATION: Clay County Sheriff s Office, 901 North Orange Avenue, Green Cove Springs, Florida 32043 RFP OPENING LOCATION: Clay County Sheriff s Office 901 North Orange Avenue Green Cove Springs, Florida 32043 RFP SUBMITTAL DEADLINE DATE & TIME: May 26, 2015 at 12:00 p.m. The CCSO is using a Request for Proposal for this project and will award the contract to the Proposer the CCSO finds, in its sole discretion, best meets the long term needs of the CCSO. Specifications and RFP documents are available by calling the Purchasing Section at (904) 529-6029 and picking up the RFP documents at the CCSO Purchasing Section in Green Cove Springs, at no charge. All Proposers should ensure that the Proposal is both complete and accurate. The CCSO may require additional information or data from any of the Proposers. An Evaluation Committee appointed by the CCSO will evaluate Proposals. The Evaluation Committee selected by the CCSO will fairly consider all Proposals. The Evaluation Committee will perform a review of Proposals received from Proposers to determine completeness and responsiveness to the principal components of the technical, financial and legal requirements of the RFP. Request for clarification letters may include, but are not limited to, the following: commitment of project team members; performance guarantees and standards; project guarantor commitments; proposers interpretation of proposed CCSO organization and business entity relationships, operations, project schedules, phasing methods and payment schedules; and letters of credit, performance bonds and insurance requirements. The Evaluation Committee will make a recommendation to the Sheriff following the Evaluation Committee s review of all Proposals and consideration of any additional evidence or data desired by the Evaluation Committee. Qualified firms are invited to deliver one (1) original and three (3) copies of their Proposal, in a sealed envelope marked SEALED REQUEST FOR PROPOSAL, RFP B15-005, CLAY COUNTY SHERIFF S OFFICE UNINTERRUPTIBLE POWER SUPPLY (UPS) SYSTEM, and delivered to the CCSO Purchasing Section, 901 North Orange Avenue, Green Cove Springs, Florida 32043. The CCSO assumes no responsibility for Proposals received after the proposal deadline identified above, or delivered to any office or location other than that specified herein, whether due to mail delay, courier Page 6
mistake, mishandling or any other reason. Late Proposals will be held unopened and will not be considered for award. All questions, comments, or concerns about this RFP must be submitted in writing to Mr. Rick Delp, Purchasing Director, Clay County Sheriff s Office, 901 North Orange Avenue, Green Cove Springs, FL 32043. Mr. Rick Delp is the only designated representative of the CCSO authorized to respond to comments, questions, and concerns. The CCSO will not respond to comments, questions or concerns addressed to any person other than Mr. Rick Delp. If the CCSO determines that a particular comment, question or concern necessitates a global response to all Proposers, the CCSO will issue a clarifying memorandum or addendum. The final day that the CCSO will accept questions will be five business days prior to the proposal submittal deadline date. The CCSO reserves the right to accept or reject any and/or all Proposals, to waive irregularities and technicalities, and to request re-submission. Any sole response received by the submission date may or may not be rejected by the CCSO, depending on available competition and timely needs of the CCSO. The CCSO reserves the right to select a firm with or without interviews, and may decide to select any of the firms submitting qualification packages. The CCSO reserves the right to award the contract to a responsible Proposer submitting a responsive Proposal, with a resulting negotiated agreement that is most advantageous and in the best interests of the CCSO. The CCSO shall be the sole judge of the Proposal, and the resulting negotiated agreement that is in its best interest and its decision shall be final. Also, the CCSO reserves the right to make such investigation, as it deems necessary to determine the ability of any Proposer to perform the work or service requested. Proposers, their agents and associates shall not contact or solicit any CCSO member or CCSO official regarding this RFP during any phase of this RFP. Failure to comply with this provision may result in disqualification of the Proposer, at the option of the CCSO. Only that individual listed, as the contact person in this Notice shall be contacted. Page 7
PROPOSAL ACKNWOLEDGEMENT SOLICITATION REFERENCE NUMBER: B15-005 PROJECT NAME: CLAY COUNTY SHERIFF S OFFICE UNINTERRUPTIBLE POWER SUPPLY (UPS) SYSTEM All Proposers must register receipt of a solicitation with the CCSO. By completing and returning this form, you are registering receipt of this solicitation with the CCSO and requesting notification of Addenda that may be issued regarding this solicitation. The CCSO will attempt to notify all prospective Proposers of Addenda issued to the solicitation. However, it shall be the responsibility of the Proposer, prior to submitting their response, to either: 1. Visit www.claysheriff.com to view the solicitation and download all issued Addenda; or 2. Contact the Purchasing Section to determine if Addenda were issued. Proposers must acknowledge and incorporate the Addenda into their response. Please be advised that the CCSO will post Addenda, in Adobe format, with the corresponding on-line solicitation. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY, STATE AND ZIP: PHONE NUMBER: FAX NUMBER: E-MAIL ADDRESS: FAX THIS COMPLETED REGISTRATION FORM TO: (904) 529-6482; ATTN: Purchasing Director Page 8
SEALED REQUEST FOR PROPOSALS CLAY COUNTY SHERIFF S OFFICE GENERAL CONDITIONS & INSTRUCTIONS TO PROPOSERS DEFINED TERMS Terms used in this solicitation are defined and have the meaning assigned to them. The term Proposer means one that submits a Proposal directly to CCSO as distinct from a Sub-Proposer, who submits a Proposal to the Proposer. The term Successful Proposer means the qualified, responsible and responsive Proposer to whom the CCSO (on the basis of CCSO S evaluation as hereinafter provided) makes an award. The term CCSO refers to the Clay County Sheriff s Office, a sub-division of the Clay County Board of County Commissioners. The term RFP refers to this Sealed Request for Proposal. The term Solicitation refers to the entire RFP package and the Proposer s Proposal as a response to this RFP. The term Proposal refers to all documentation and information as submitted by the Proposer in response to this solicitation. 1. PROPOSER REGISTRATION Proposers who obtain solicitation documents from sources other than the CCSO or download from any other source must officially register receipt of the solicitation with the CCSO s Purchasing Section in order to be placed on the notification list for any forthcoming addendum or other official communications. Failure to register as a prospective Proposer may cause your Proposal to be rejected as non-responsive if you have submitted a response without acknowledgment of issued Addenda. 2. CONTACT All prospective Proposers are hereby instructed not to contact any member of the CCSO other than the contact person indicated on page 2 above regarding this solicitation or their Proposal at any time prior to the final evaluation and recommended ranking by the CCSO staff for this project. Any such contact shall be cause for rejection of your Proposal. 3. ADDENDA AND INQUIRIES 3.1 If there is any doubt as to the true meaning of the specifications and information provided, Proposers may submit written or faxed inquiries regarding this solicitation to the Purchasing Director, Purchasing Section, 901 North Orange Avenue, Green Cove Springs, FL 32043, Fax No. (904) 529-6482. The CCSO will respond to written or faxed inquiries received at least five (5) CCSO business days prior to the RFP due date. Inquiries must reference the date and time of opening, and the solicitation number. Failure to comply with this condition shall result in the Proposer waiving their right to dispute the specifications and information provided in the solicitation document. 3.2 Any change to this solicitation shall be made by Addenda duly issued to each registered Proposer. Receipt of such Addenda must be so noted on or within your response. It is the Proposer s responsibility to make contact through the Internet or phone to determine if Addenda have been issued. 3.3 Oral Inquiries: The CCSO will not respond to oral inquiries. 4. PUBLIC OPENING Proposals shall be received in the Purchasing Section, 901 North Orange Avenue, Green Cove Springs, FL 32043 by the date and time indicated on Page 1 of these documents. As soon as possible thereafter, the names of Proposers shall be read off at the CCSO. 5. DELAYS Page 9
The CCSO, at its sole discretion, may delay the scheduled due dates indicated above if it is to the advantage of the CCSO to do so. The CCSO will notify Proposers of all changes in scheduled due dates by written Addenda. 6. PROPOSAL SUBMISSION AND WITHDRAWAL 6.1 Address to send Proposal: Purchasing Director Clay County Sheriff s Office 901 North Orange Avenue Green Cove Springs, FL 32043 6.2 The outside of the envelope/container must be identified with the solicitation number and title as stated above. The envelope/container must also include the Proposer s name and return address. 6.3 Proposals may be withdrawn by an appropriate document duly executed (in the manner that a Proposal must be executed) and delivered to the place where Proposals are to be submitted at any time prior to the deadline for submission. A request for withdrawal or a modification must be in writing and signed by a person duly authorized to do so. Evidence of such authority must accompany the request for withdrawal or modification. Withdrawal of a Proposal will not prejudice the rights of a Proposer to submit a new Proposal prior to the opening date and time. After expiration of the period for receiving Proposals, no Proposal may be withdrawn or modified. 6.4 Withdrawal of Proposals after Opening Date: Proposals, once opened, become the property of the CCSO and will not be returned to the Proposer. Proposals not so withdrawn before the opening constitute an irrevocable offer for a period of ninety (90) days to provide the CCSO the services set forth in these specifications until one or more of the Proposals have been accepted by CCSO staff. No Proposer may withdraw their Proposal during this ninety (90) day period. 6.5 Number of Proposal Copies: Proposers shall submit one (1) original and three (3) complete copies of the Proposal complete with all supporting documentation (i.e. photographs, drawings, and exhibits) in a sealed envelope/container marked as noted above. 6.6 Proposal Is Not Binding: The Proposer understands that responding to this solicitation does not constitute an agreement or contract with the Proposer. A Proposal is not binding until Proposal is reviewed and accepted by the appropriate level of authority and both parties execute a contract. 6.7 Responsibility for getting a Proposal to the CCSO on or before the specified date and time is solely and strictly that of the Proposer. The CCSO will not be responsible for any delay, for any reason whatsoever. Proposals by telephone, telegram, facsimile machines, and Internet, will not be acceptable. Proposals must be received and stamped on the outside of the envelope with the time and date, in the Purchasing Section by the date and time specified for opening. 6.8 LATE PROPOSALS Proposals received after the date and time of the opening will not be opened or considered. It will be the Proposer s responsibility to make arrangements for the return of their Proposal at their expense. 7. PROPOSAL PREPARATION COST The CCSO shall not be liable for any expense incurred in connection with preparation of a Proposal to this document. Proposers should prepare a straightforward and concise description of the Proposer s ability to meet the requirements of this document. 8. ACCURACY OF PROPOSAL INFORMATION Page 10
Any Proposer, who states in their Proposal any information that is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, shall be disqualified from consideration. 9. LICENSES Licensed and Certified: Proposers, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the state of Florida at the time of Proposal and during the entire contract time. 10. POSTING OF NOTICE OF INTENT A Request for Proposal identifies a potential CCSO need or requirement for contracted goods or services and constitutes a notice of intent for award by posting the RFP on the CCSO s Website. Advertising for responses to RFPs in local newspapers also advises or provides a notice of intent. 11. PUBLIC RECORDS/TABULATION Proposals are not public records, subject to the provisions of Florida State Statutes, Chapters 119 and 120, until such time as notice of a decision or intended decision is provided, or within ten (10) days after the solicitation opening, whichever is earlier. A copy of the tabulation results will be forwarded upon receipt of a stamped, self-addressed envelope. An electronic tabulation will be posted on the CCSO Website at www.claysheriff.com. 12. RESERVED RIGHTS 12.1 The CCSO reserves the right to waive formalities in any Proposal, and to reject any or all Proposals in whole or in part, with or without cause and/or to accept the Proposal that in the CCSO s judgment will be in the best interest of the CCSO. The CCSO specifically reserves the right to reject any conditional Proposal. 12.2 To the extent permitted by applicable state and federal laws and regulations, CCSO reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work with the successful Proposer, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional Proposals. Proposals will be considered irregular and may be rejected, if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations, or irregularities of any kind. 12.3 CCSO reserves the right to reject the Proposal of any Proposer if CCSO believes that it would not be in the best interest of the CCSO to make an award to that Proposer, whether because the Proposal is not responsive or the Proposer is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by CCSO. 13. INSURANCE Refer to Insurance Requirements in Section 3.06 and Appendix A for the CCSO s insurance requirements. 14. INDEMNIFICATION/HOLD HARMLESS The Proposer shall defend, indemnify and hold the CCSO, the CCSO s representatives or agents, and the officers, directors, agents, employees, and assigns of each harmless for and against any and all claims, demands, suits, judgments, damages to persons or property, injuries, losses or expenses of any nature whatsoever arising directly or indirectly from or out of any negligent act or omission of the Proposer, its sub-consultants and their officers, directors, agents or employees; any failure of the elected firm to perform its services hereunder in accordance with generally accepted professional standards; any material breach of the elected firm s representations as set forth in the Proposal or any other failure of the selected firm s to comply with the obligations on its part to be performed under this contract. Page 11
15. PUBLIC ENTITY CRIMES / NON- COLLUSIVE AFFIDAVIT 15.1 Each Proposer shall complete the Non- Collusive Affidavit, and the Public Entity Crimes Form and shall submit the forms with the Proposal. CCSO considers the failure of the Proposer to submit these documents to be a major irregularity and may be cause for rejection of their Proposal. 15.2 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 15.3 Termination for Cause: Any Agreement with the CCSO obtained in violation of this Section shall be subject to termination for cause. A sub-contractor who obtains a subcontract in violation of this Section shall be removed from the Project and promptly replaced by a sub-contractor acceptable to the CCSO. 16. GRATUITIES AND KICKBACKS 16.1 Gratuities: It is unethical for any person to offer, give, or agree to give any employee or for any employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advise, investigation, audit, or in any other advisory capacity in any proceeding or application, request for ruling, determination claim or controversy, or other particular matter, pertaining to any program requirement or an Agreement or subcontract, or to any solicitation or Proposal therefore. 16.2 Kickbacks: It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to Contractor or higher tier sub-contractor any person associated therewith, as an inducement of the award of a subcontract or order. 16.3 Contract Clause: The prohibition against gratuities and kickbacks prescribed in this section shall be conspicuously set forth in every contract and subcontract and solicitation therefore. 17. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE Proposer shall be in compliance with Executive Order 11246 Equal Opportunity as amended by Executive Order 11375, and as supplemented by the Department of Labor Regulations as applicable. 18. CONFLICT OF INTEREST No employee of an agency acting in his or her official capacity as a purchasing agent, or public officer acting in his or her official capacity, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for his or her own agency from any business entity of which the officer or employee or the officer's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. Nor shall a public officer or Page 12
employee, acting in a private capacity, rent, lease, or sell any realty, goods, or services to the officer's or employee's own agency, if he or she is a state officer or employee, or to any political subdivision or any agency thereof, if he or she is serving as an officer or employee of that political subdivision. The foregoing shall not apply to district offices maintained by legislators when such offices are located in the legislator's place of business or when such offices are on property wholly or partially owned by the legislator. This subsection shall not affect or be construed to prohibit contracts entered into prior to: 18.1 October 1, 1975. 18.2 Qualification for elective office. 18.3 Appointment to public office. 18.4 Beginning public employment. 19. DRUG FREE WORKPLACE: The CCSO has adopted a policy in observation of the Drug Free Work Place Act of 1988. Therefore, it is unlawful to manufacture, distribute, disperse, possess, or use any controlled substance in the CCSO workplace. The CCSO requests the attached Drug Free Workplace Affidavit to accompany your response. This form has been adopted by the CCSO in accordance with the Drug Free Workplace Act. The CCSO will not disqualify any respondent who does not concur with the affidavit. The Drug Free Workplace Affidavit is primarily used as tiebreaker when two or more separate entities have submitted Proposals at the same price, terms and conditions. 20. APPLICABLE LAWS Interested parties are advised that all CCSO contracts and/or documentation pertinent to this solicitation are subject in full or in part to all legal requirements provided in applicable Clay County Ordinances, State Statutes, and Federal Regulations. Uniform Commercial Code, Chapter 672, Florida State Statutes shall prevail, as the basis for contractual obligations between the Proposer and the CCSO for any terms and conditions not specifically stated within the context of this contract. 21. COMPETENT PERSONNEL Competent Personnel - All interested firms are to warrant that services shall be performed by skilled and competent personnel to the highest professional standards in this scope of work. 22. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 22.1 Before delivering a Proposal, each Proposer must (a) consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, or performance of the work, (b) study and carefully correlate the Proposer's observations with the solicitation documents; and notify the Purchasing Director of all conflicts, errors and discrepancies, if any, in the solicitation documents. 22.2 The Proposer, by and through delivering a Proposal, agrees that they shall be held responsible for having familiarized themselves with the nature and extent of any local conditions that may affect the services to be done or equipment to be furnished. 23. SPECIFICATIONS 23.1 The apparent silence of the specification as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the Specifications shall be made on the basis of this statement. 23.2 For the purpose of evaluation, the Proposer must indicate any variance or exceptions to the stated Specifications, no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that Page 13
the Proposer meets all the Specifications in every respect. 24. CANCELLATION CLAUSE Failure to comply with any of the terms, conditions, specifications and/or service requirements will be just cause for termination of this contract by a thirty (30) day written notice of intent forwarded to the successful Proposer. 25. ACCEPTING CONTENT OF PROPOSAL By delivering a Proposal in response to this solicitation document, the Proposer certifies that they have fully read and understand the context of the solicitation document and have full knowledge of the scope, nature, and detailed requirements of services and/or commodities to be provided and performed. Proposals shall be returned in the sequential manner as requested in the Proposal Format and Requirements section of this solicitation. 26. TAXES The negotiated cost shall include all freight, handling, delivery, surcharges or other incidental charges that may be required to provide the services or deliver the commodities. The CCSO is exempt from the payment of Federal and State taxes, including sales tax. Your cost Proposal shall not include sales tax to be collected from the CCSO. The CCSO s sales tax exemption is not available to you for items you purchase, regardless of whether these items will be transferred to the CCSO. 27. ASSIGNMENT 27.1 Successful Proposer shall not assign, transfer or subject the Contract or its rights, title or interests or obligations therein without CCSO'S prior written approval. 27.2 Violation of the terms of this paragraph shall constitute a breach of the Contract by Successful Proposer and CCSO may, at its discretion, cancel the Contract and all rights, title and interest of Successful Proposer shall thereupon cease and terminate. 28. SOLICITATION FORMS 28.1 If the Proposer cannot meet a service or equipment requirement, then the phrase "not available" should be entered on the Proposal Form for that service requirement. In the case of a "not available" remark, the Proposer may offer an alternative service. Alternate Proposals may be submitted for consideration. It will be at the CCSO s sole discretion to accept or reject any and all alternate Proposals received. 28.2 This solicitation presents the CCSO's minimum requirements under present methods of operation. Responses to this request should address these requirements, but Proposers are encouraged to suggest any additional services or commodities, which in their opinion, would be in the best interest of the CCSO. 28.3 Proposals may be delivered, which deviate from the requirements herein, providing that they are clearly identified as alternate Proposals and providing further that it can be demonstrated that stated requirements are substantially improved or are not compromised or prejudiced by such deviations; and, that it would be clearly in the interest of the CCSO that an alternative Proposal be considered. Such alternative Proposals will be provisionally accepted for consideration, subject to the reserved right of the CCSO to make the determination whether the above stated conditions for alternate Proposals have been satisfied and subject further to the reserved right of the CCSO to accept or reject these Proposals upon the basis of the determination. Page 14
DEFINITIONS Addenda: A written change to a solicitation. Bid: shall refer to any offer(s) submitted in response to this Invitation to Bid. Bidder: Shall refer to anyone submitting a bid in response to an Invitation to Bid. CCSO: Clay County Sheriff s Office Contract: The agreement to perform the services set forth in this solicitation. The contract will be comprised of the solicitation document signed by both parties with any addenda and other attachments specifically incorporated. Contractor: The vendor to which award has been made. County: Shall refer to Clay County, Florida. Invitation to Bid: Shall mean this solicitation document, including any and all addenda. Modification: A written change to a contract. Responsive: Refers to a bid that contains no exceptions or deviations from the terms, conditions, and specifications set forth in the Invitation to Bid. Responsible: Refers to a bidder that has the capacity and capability to perform the work required under an Invitation to Bid, and is otherwise eligible for award. Solicitation: The written document requesting either bids or proposals from the marketplace. Vendor: A general reference to any entity responding to this solicitation or performing under any resulting contract. For purposes of this Invitation to Bid the words "shall", "must", or "will" are equivalent in this Invitation to Bid and indicate a mandatory requirement or condition, the material deviation from which shall not be waived by the County. A deviation is material if, in the CCSO s sole discretion, the deficient response is not in substantial accord with this Invitation to Bid's mandatory requirements. The words "should" or "may" are equivalent in this Invitation to Bid and indicate very desirable conditions, or requirements but are permissive in nature. Page 15
SECTION ONE INTRODUCTION AND INSTRUCTIONS 1.01 Return Mailing Address, Contact Person, Telephone, Fax Numbers and Deadline for Receipt of Proposals Proposers must submit one original and three copies of their Proposal, in writing, to the Purchasing Director in a sealed envelope. It must be addressed as follows: Clay County Sheriff s Office Purchasing Section Attention: Rick Delp, PURCHASING DIRECTOR Request for Proposal (RFP) Number: B15-005 Project name: CLAY COUNTY SHERIFF S OFFICE UNINTERRUPTIBLE POWER SUPPLY (UPS) SYSTEM 901 North Orange Avenue Green Cove Springs, FL 32043 Proposals must be received no later than 12:00 P.M., Florida time on the date on the cover, page 1. Fax or oral proposals are not acceptable. A Proposer s failure to submit its Proposal prior to the deadline will cause the Proposal to be disqualified. Late Proposals or amendments will not be opened or accepted for evaluation. There will be no exception to this rule. PURCHASING DIRECTOR: Rick Delp PHONE 904-529-6029, FAX 904-213-6482 1.02 Contract Term and Work Schedule The contract term and work schedule set out herein represent the CCSO's best estimate of the schedule that will be followed. If a component of this schedule, such as the opening date, is delayed, the rest of the schedule will be shifted by the same number of days. The length of the contract will be from the date of award to project completion with a full one year of maintenance/service commencing on the date the UPS system is installed and fully operational. Implementation and renewal of an annual maintenance service agreement is expected for the operational life of the UPS system. 1.03 Purpose of the RFP It is the intent of the CCSO to secure a qualified firm or individual to remove an aged and failing uninterruptible power supply system (UPS) and install a new, state of the arts, solid state UPS in the Clay County Sheriff's Office, located at 901 North Orange Avenue, Green Cove Springs, Florida 32043. This replacement shall at least meet and be consistent with the specifications and within the time constraints of this bid. Each Contractor is responsible for full and complete compliance with all laws, rules and regulations which may be applicable. The result of this RFP would be a contract between the successful bidder(s) and the Clay County Sheriff that will satisfy the following objectives: a. Remove the current aged UPS. Page 16
b. Install and integrate a new turn-key, fully operational UPS. c. Provide appropriate operating documents and reference materials. d. Provide operational training necessary for the new UPS. e. Install the new UPS with minimal or no downtime that would disrupt the operations of the Clay County Sheriff's Office. f. Establish a one year maintenance service agreement following installation. 1.04 Assistance to Proposers with a Disability Proposers with a disability may receive accommodation regarding the means of communicating this RFP or participating in the procurement process. For more information, contact the Purchasing Director no later than 14 days prior to the deadline for receipt of Proposals. 1.05 Required Review Proposers should carefully review this solicitation for defects and questionable or objectionable material. Comments concerning defects and objectionable material must be made in writing and received by the Purchasing Director at least 14 days before the Proposal opening. This will allow issuance of any necessary amendments. It will also help prevent the opening of a defective solicitation and exposure of Proposer's Proposals upon which award could not be made. Protests based on any omission or error, or on the content of the solicitation, will be disallowed if these faults have not been brought to the attention of the CCSO Purchasing Director, in writing, at least 14 days before the time set for opening. 1.06 Questions Received Prior to Opening of Proposals All questions must be in writing and directed to the issuing office, addressed to the CCSO Purchasing Director. The final day that the CCSO will accept questions will be five business days prior to the proposal submittal deadline date. 1.07 Amendments If an amendment is issued, it will be provided to all who were mailed or received a copy of the RFP and to those who have registered with the Purchasing Director as having downloaded the RFP from the CCSO web site. 1.08 Alternate Proposals Proposals may be delivered, which deviate from the requirements herein, providing they are clearly identified as alternate proposals and providing further that it can be demonstrated that stated requirements are substantially improved or are not compromised or prejudiced by such deviations; and, that it would be clearly in the interest of the CCSO that an alternate proposal be considered. Such alternate proposals will be provisionally accepted for consideration, subject to the reserved right of the CCSO to make the determination whether the above stated conditions for alternate proposals have been satisfied and subject further to the reserved right of the CCSO to accept or reject these proposals upon the basis of the determination. Page 17
1.09 Right of Rejection Proposers must comply with all of the terms of the RFP, the CCSO procurement policy, and all applicable local, state, and federal laws, codes, and regulations. The Purchasing Director may reject any Proposal that does not comply with all of the material and substantial terms, conditions, and performance requirements of the RFP. Proposers may not qualify the Proposal nor restrict the rights of the CCSO. If a Proposer does so, the Purchasing Director may determine the Proposal to be a non-responsive counteroffer and the Proposal may be rejected. Proposals that: do not affect responsiveness, are merely a matter of form or format, do not change the relative standing or otherwise prejudice other offers, do not change the meaning or scope of the RFP, are trivial, negligible, or immaterial in nature, do not reflect a material change in the work, or, do not constitute a substantial reservation against a requirement or provision, Maybe waived by the Purchasing Director. The CCSO reserves the right to refrain from making an award if it determines that to be in its best interest. A Proposal from a debarred or suspended Proposer shall be rejected. 1.10 CCSO Not Responsible for Preparation Costs The CCSO will not pay any cost associated with the preparation, submittal, presentation, or evaluation of any Proposal. 1.11 Disclosure of Proposal Contents All Proposals and other material submitted become the property of the CCSO and may be returned only at the CCSO's option. Chapter 119, Florida Statutes requires public records to be open to reasonable inspection. All Proposal information, including detailed price and cost information, will be open for public inspection immediately after opening by the CCSO. Trade secrets and other proprietary data contained in Proposals may be held confidential until a Notice of Decision or Notice of Intended Decision is issued by the CCSO Purchasing Director or 10 days after opening, whichever is earlier, as provided by Section 120.057(3)(a), Florida Statutes, if the Proposer requests, in writing, that the Purchasing Director does so, and if the Purchasing Director agrees, in writing, to do so. Material considered confidential by the Proposer must be clearly identified and the Proposer must include a brief statement that sets out the reasons for confidentiality. At that time, all Proposals and documents pertaining to the Proposals will be open to the public, except for material designated as proprietary or confidential as defined in Section 812.081, Florida Statutes and as provided in Section 815.04(3), Florida Statutes. The Purchasing Section will not disclose or make public any pages of a Proposal on which the Proposer has stamped or imprinted "proprietary" or "confidential" subject to the following requirements: Proprietary or confidential data shall be readily separable from the Proposal in order to facilitate eventual public inspection of the non-confidential portion of the Proposal. Confidential data is normally restricted Page 18
to confidential financial information concerning the Proposer's organization and data that qualifies as a trade secret in accordance with the definition in Section 812.081, Florida Statutes and as provided in Section 815.04(3), Florida Statutes. The price of products offered or the cost of services proposed shall not be designated as proprietary or confidential information. 1.12 Subcontractors Subcontractors may be used to perform work under this contract. If a Proposer intends to use subcontractors, the Proposer must identify in the Proposal the names of the subcontractors and the portions of the work the subcontractors will perform. If a Proposal with subcontractors is selected, the Proposer must provide the following information concerning each prospective subcontractor within five working days from the date of the CCSO's request: (a) Complete name of the subcontractor, (b) Complete address of the subcontractor, (c) Type of work the subcontractor will be performing, (d) Percentage of work the subcontractor will be providing, (e) Evidence, as set out in the relevant section of this RFP, that the subcontractor holds a valid business license, and (f) A written statement, signed by each proposed subcontractor that clearly verifies that the subcontractor is committed to render the services required by the contract. A Proposer's failure to provide this information, within the time set, may cause the CCSO to consider their Proposal non-responsive and reject it. The substitution of one subcontractor for another may be made only at the discretion and prior written approval of the project director. 1.13 Joint Ventures Joint ventures will not be allowed. 1.14 Proposer's Certification By signature on the Proposal, Proposers certify that they comply with: (a) The laws of the State of Florida, (b) The applicable portion of the Federal Civil Rights Act of 1964, (c) The Equal Employment Opportunity Act and the regulations issued thereunder by the federal government, (c) The Americans with Disabilities Act of 1990 and the regulations issued thereunder by the federal government, Page 19
(d) All terms and conditions set out in this RFP, (f) A condition that the Proposal submitted was independently arrived at, without collusion, under penalty of perjury, and (g) That the offers will remain open and valid for at least 90 days. If any Proposer fails to comply with (a) through (g) of this paragraph, the CCSO reserves the right to disregard the Proposal, terminate the contract, or consider the contractor in default. 1.15 Conflict of Interest Each Proposal shall include a statement indicating whether or not the firm or any individuals working on the contract has a possible conflict of interest (e.g., employed by the CCSO) and, if so, the nature of that conflict. The CCSO reserves the right to cancel the award if any interest disclosed from any source could either give the appearance of a conflict or cause speculation as to the objectivity of the program to be developed by the Proposer. The CCSO's determination regarding any questions of conflict of interest shall be final. 1.16 Solicitation Advertising Public notice has been provided in accordance with CCSO policy and applicable Florida Statutes. 1.17 Assignment The contractor may not transfer or assign any portion of the contract without prior written approval from the CCSO. 1.18 Disputes Any dispute arising out of this agreement will be resolved under the laws of the State of Florida. Any appeal of an administrative order or any original action to enforce any provision of this agreement or to obtain relief from or remedy in connection with this agreement may be brought only in the Circuit Court for Clay County, Florida. 1.19 Severability If any provision of the contract or agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected; and, the rights and obligations of the parties will be construed and enforced as if the contract did not contain the particular provision held to be invalid. Page 20
2.01 Authorized Signature SECTION TWO STANDARD PROPOSAL INFORMATION All Proposals must be signed by an individual authorized to bind the Proposer to the provisions of the RFP. Proposals must remain open and valid for at least ninety (90) days from the opening date. 2.02 Pre-Proposal Conference A pre-proposal conference, if held, will be on the date shown on page 2, Calendar of Events at the CCSO main office at 901 North Orange Avenue in Green Cove Springs, Florida. The purpose of the conference is to discuss the work to be performed with the prospective Proposers and allow them to ask questions concerning the RFP. Questions and answers will be transcribed and sent to prospective Proposers as soon as possible after the meeting. Proposers with a disability needing accommodation should contact the Purchasing Director prior to the date set for the pre-proposal conference so that reasonable accommodation can be made. 2.03 Amendments to Proposals Amendments to or withdrawals of Proposals will only be allowed if acceptable requests are received prior to the deadline set for receipt of Proposals. No amendments or withdrawals will be accepted after the deadline unless they are in response to the CCSO's request. 2.04 Supplemental Terms and Conditions Proposals must comply with Section 1.09 Right of Rejection. However, if the CCSO fails to identify or detect supplemental terms or conditions conflicting with those contained in this RFP, or that diminish the CCSO's rights under any contract resulting from the RFP, the term(s) or condition(s) will be considered null and void. After award of contract: a) if conflict arises between a supplemental term or condition included in the Proposal and a term or condition of the RFP, the term or condition of the RFP will prevail; and b) If the CCSO's rights would be diminished as a result of application of a supplemental term or condition included in the Proposal, the supplemental term or condition will be considered null and void. 2.05 Clarification of Proposals In order to determine if a Proposal is reasonably susceptible for award, communications by the Purchasing Director or the Proposal Evaluation Committee are permitted with a Proposer to clarify uncertainties or eliminate confusion concerning the contents of a Proposal. Clarifications may not result in a material or substantive change to the Proposal. The evaluation by the Purchasing Director or the Proposal Evaluation Committee may be adjusted as a result of a clarification under this section. 2.06 Discussions with Proposers The CCSO may conduct discussions with Proposers. The purpose of these discussions will be to ensure full understanding of the requirements of the RFP and Proposal. Discussions will be limited to specific Page 21
sections of the RFP or Proposal identified by the Purchasing Director. The Purchasing Director will only hold discussions with Proposers who have submitted a Proposal deemed reasonably suitable for award. Discussions, if held, will be after initial evaluation of Proposals by the Proposal Evaluation Committee. If modifications are made as a result of these discussions they will be put in writing. Following discussions, the Purchasing Director may set a time for best and final Proposal submissions from those Proposers with whom discussions were held. Proposals may be reevaluated after receipt of best and final Proposal submissions. If a Proposer does not submit a best and final Proposal or a notice of withdrawal, the Proposer s immediate previous Proposal is considered the Proposer s best and final Proposal. Proposers with a disability needing accommodation should contact the Purchasing Director prior to the date set for discussions so that reasonable accommodation can be made. Any oral modification of a Proposal must be reduced to writing by the Proposer. 2.07 Prior Experience Proposer must have at least five years experience in comprehensive experience related to this RFP. Proposer shall also provide at least 3 references for projects or contracts completed/started within the last three years. A Proposer's failure to meet these minimum prior experience requirements will cause their Proposal to be considered non-responsive and their Proposal will be rejected. 2.08 Evaluation of Proposals An Evaluation Committee made up of selected CCSO members. The evaluation will be based solely on the evaluation factors set out in Section Seven of this RFP. The Proposal ranked highest per Section Seven of this RFP shall be the Consultant of Record (COR) Proposer to be negotiated with. A second highest ranking Consultant may also be selected as a back-up to the Consultant of Record should they be unavailable at time of work assignment. After receipt of Proposals, if there is a need for any substantial clarification or material change in the RFP, an amendment will be issued. The amendment will incorporate the clarification or change, and a new date and time established for new or amended Proposals. Evaluations may be adjusted as a result of receiving new or amended Proposals. 2.09 Vendor Tax ID A valid Vendor Tax ID must be submitted to the Purchasing Section with the Proposal or within five days of the CCSO's request. 2.10 Business License and Other Required Licenses At the time the Proposals are opened, all Proposers must hold a valid license to do business in Florida and any necessary applicable professional licenses required by Florida Statute. Proposers should contact the Florida Department of State, Division of Corporations, P. O. Box 6327, Tallahassee, Florida 32314, or the Florida Department of Business and Professional Regulation, Division of Professions, 1940 North Monroe Street, Tallahassee, FL 32399-0760 for information on these licenses. Proposers must submit a copy of a valid Florida business or professional license with the Proposal as well as any licenses required to do business in Clay County (prior to commencement of work). A Proposer's failure to submit this evidence with the Proposal will cause their Proposal to be determined non-responsive. Page 22